Condition Upon Delivery. Tenant acknowledges that it has had an opportunity to thoroughly inspect the Premises and, subject to Landlord’s obligations under Section 9.2 and the Work Letter Agreement (if any), Tenant accepts the Premises in its existing “as is” condition, with all faults and defects and without any representation or warranty of any kind, express or implied.
Condition Upon Delivery. Subject to the obligations of Landlord set forth in Section 4 of this Exhibit, the Premises and the Building shall be in the following condition as of the delivery of possession of the Premises to Tenant:
Condition Upon Delivery. 8 ARTICLE 9.
Condition Upon Delivery. Merit Academy shall deliver the FUA Premises, upon termination or expiration, in as good a state or condition as when possession was first taken, except for reasonable use and wear/tear thereof. Merit Academy shall remove from the Facility any and all of its educational supplies, personal property, and other equipment or items owned by Merit Academy. Merit Academy shall have the right to itemize and remove personal property and equipment and items owned by Merit Academy. Unless otherwise expressly agreed by the District (either at the time of original approval, at the time of termination or otherwise), within thirty (30) days after expiration or termination of this Agreement, Merit Academy shall restore any improvements or alterations designated as Temporary Merit Academy Improvements that Merit Academy made to the Facility to the condition existing prior to such improvements or alterations. If there is any uncertainty, at the request of Merit Academy, the District shall identify those alterations, including improvements, additions and modifications that need to be removed, restored or repaired by the School. Advance written approval of all such removals, restorations or repairs must be provided by the District. If Merit Academy fails to restore said improvements or alterations, School District may restore the improvements and alterations and Merit Academy will be responsible for all costs (including a reasonable charge for the time of District employees) in restoring the improvements and alterations. Upon expiration or earlier termination of this Agreement, School covenants that it will not seek payment or reimbursement from the District for any costs and expenses incurred as a result of early termination of this Agreement pursuant to the terms of this Agreement, including but not limited to moving costs.
Condition Upon Delivery. Xxxxxx acknowledges that it has had an opportunity to thoroughly inspect the Premises and, subject to Landlord’s obligations to perform the improvements in the Work Letter, attached as Exhibit F, Tenant accepts the Premises in their existing “as is” condition, with all faults and defects and without any representation or warranty of any kind, express or implied.
Condition Upon Delivery. Having made such inspection of the Premises, the Building and the Project as it deemed prudent and appropriate (including, without limitation, testing for the presence of mold), Tenant hereby accepts the Premises in their condition existing as of the Commencement Date, “AS-IS” and “WITH ALL FAULTS” subject to all applicable zoning, municipal, county and state laws, ordinances and regulations governing and regulating the use and condition of the Premises, and any covenants or restrictions, liens, encumbrances and title exceptions of record, and accepts this Lease subject thereto and to all matters disclosed thereby and by any exhibits attached hereto. Except as specifically set forth in this Lease and in the Work Letter Agreement for Landlord’s Work and Interior Specification Standards attached hereto as Exhibit C and made a part hereof (“Work Letter”), Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the Premises. Tenant acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty as to the present or future suitability of the Premises for the conduct of Tenant’s business. Neither party has been induced to enter into this Lease by, and neither party is relying on, any representation or warranty outside those expressly set forth in this Lease. Neither Landlord nor anyone acting on its behalf shall be liable for, nor shall this Lease be subject to rescission on account of, the nondisclosure of any facts. Tenant expressly waives any right to rescission and /or damages based on nondisclosure of any facts.
Condition Upon Delivery. Each item of Equipment shall be delivered to the Buyer (a) “AS IS, WHERE IS AND WITH ALL FAULTS,” WITH THE EXCEPTION OF (x) ACY’S WARRANTY OF TITLE AS PROVIDED IN THE WARRANTY XXXX OF SALE AND (y) SECTION 9.1 HEREOF, BUT SUBJECT TO EACH AND EVERY DISCLAIMER OF WARRANTY AND REPRESENTATION AS SET FORTH IN SECTION 10. The Buyer shall be deemed to have unconditionally accepted each item of Equipment for all purposes under this Agreement and the Sale Order upon the delivery by ACY of the Warranty Xxxx of Sale in accordance with the terms hereof.
Condition Upon Delivery. Disclaimer of Warranties. Neither Owner nor Owner Participant makes any ------------------------ representations or warranties whether written, oral or implied, with respect to the Vessel Interest, the Vessel, or any part thereof, except as expressly set forth in Section 7 or 9 of the Participation Agreement or in any Officer's Certificate of the Owner Trust or Owner Participant, in each case delivered pursuant to the Participation Agreement. As between Owner and Charterer, execution by Charterer of this Charter Party and the Protocol of Delivery and Acceptance shall be conclusive proof of Charterer's acceptance of the Vessel and the Vessel Interest for all purposes hereof and of the commencement of the Charter Period with respect thereto and that the Vessel and the Vessel Interest are satisfactory to Charterer in all respects. CHARTERER ACKNOWLEDGES THAT OWNER IS NOT A MANUFACTURER OR DEALER IN SHIPS OR THE COMPONENTS THEREOF AND OWNER CHARTERS AND CHARTERER TAKES THE VESSEL AND THE VESSEL INTEREST AND EACH PART THEREOF AS IS AND WHERE IS, AND NEITHER OWNER NOR OWNER PARTICIPANT SHALL BE DEEMED TO HAVE MADE, AND OWNER HEREBY DISCLAIMS, ANY REPRESENTATION OR WARRANTY OTHER THAN THOSE REFERRED TO IN THE SECOND PRECEDING SENTENCE, EITHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THE DESIGN OR CONDITION OF THE VESSEL OR ANY PART THEREOF, THE MERCHANTABILITY THEREOF OR THE FITNESS THEREOF FOR ANY PARTICULAR PURPOSE, THE ABILITY OF THE VESSEL TO PERFORM ANY FUNCTION, TITLE TO THE VESSEL OR ANY PART THEREOF, THE QUALITY OF THE MATERIALS OR WORKMANSHIP THEREOF OR CONFORMITY THEREOF TO SPECIFICATIONS, OR THE PRESENCE OR ABSENCE OF ANY LATENT OR OTHER DEFECTS, WHETHER OR NOT DISCOVERABLE. CHARTERER CONFIRMS THAT IT HAS SELECTED THE VESSEL AND EACH PART THEREOF ON THE BASIS OF ITS OWN JUDGMENT AND EXPRESSLY DISCLAIMS RELIANCE IN CONNECTION WITH SUCH SELECTION UPON ANY STATEMENTS, REPRESENTATIONS OR WARRANTIES MADE BY OWNER OR OWNER PARTICIPANT. The provisions of this Article have been negotiated and, except as expressly set forth in Sections 7 and 9 of the Participation Agreement or in any Officer's Certificate of the Owner Trust or Owner Participant, the foregoing provisions are intended to be a complete exclusion and negation of any representation or warranty by Owner or Owner Participant, express or implied, with respect to this Charter Party, the Vessel, the Vessel Interest or any part thereof that may arise pursuant to any ...
Condition Upon Delivery. As of January 1, 2000, Landlord warrants that the Building is in good condition and repair and the electrical, mechanical, plumbing, and other systems serving the Property are in good condition and repair, that the Building is in compliance with all applicable laws, codes, ordinances, rules, regulations, and covenants; that the Building is free of any adverse environmental condition; and that the Building is not subject to any latent or patent structural defects. Landlord shall indemnify Tenant against any costs or claims associated with any breach of the above warranties by Landlord.
Condition Upon Delivery. 10 2.7. Inspection . . . . . . . . . . . . . . . . . . . . . . . 11 2.8. Alternate Delivery Mechanism . . . . . . . . . . . . . . 11 2.9. Binding Obligations . . . . . . . . . . . . . . . . . . 13 2.10. Correction of Certain Post-Stripping Discrepancies . . . 13 2.11. Delivery of Upgrade Kits . . . . . . . . . . . . . . . . 14 2.12. Delivery Condition Financial Adjustments . . . . . . . . 14 SECTION 3. Conditions to Agreement and Closing . . . . . . . . . . 15 3.1. Conditions to Effectiveness of this Agreement Against Assignee . . . . . . . . . . . . . . . . . . . . . . . . 15 3.2. Conditions to Effectiveness of this Agreement Against Assignor . . . . . . . . . . . . . . . . . . . . . . . . 15 3.3. Assignee's Delivery Date Conditions . . . . . . . . . . 16 3.4. Assignor's Delivery Date Conditions . . . . . . . . . . 17 3.5. Additional Delivery Date Conditions . . . . . . . . . . 18
